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C002/12

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET REGULAR MEETING OF COUNCIL AGENDA TUESDAY, JANUARY 10TH, 2012 at 7:00 P.M. COUNCIL CHAMBERS

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Call to Order National Anthem Opening Prayer a) Mayor Jeffs Disclosure of Pecuniary Interest and the General Nature Thereof Presentations None scheduled Public Hearings None scheduled Delegations a) Bev Lepard and Tony Wellenreiter Re: Authority Flood Plain Limits Business Arising from Delegations Mayors Announcements & Remarks Adoption of the Minutes a) Minutes of the Regular Meeting of Council held on December 13th, 2011, December 16th, 2011 and January 3rd, 2012 Staff Reports and Recommendations a) Planning Staff Reports No report(s) submitted b) Administration Staff Reports i) ASR-001/2012 Re: Council Compensation ii) ASR-002/2012 Re: 2010 Financial Indicators

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Niagara Peninsula Conservation

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Township of Wainfleet Council Meeting Agenda, January 10th, 2012

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iii) c)

ASR-003/2012 Re: 2011 Slogan Contest

Drainage Staff Reports No report(s) submitted Building Staff Reports i) BSR-001/2012 Re: Building Permit Report December 2011 Public Works Staff Reports i) PWSR-001/2012 Re: Regulation of Private On-Site Sewage Systems ii) iii) PWSR-002/2012 Re: Recreation Facilities Rates 2012 PWSR-003/2012 Re: Roof Replacement on East Public Works Garage Building PWSR-004/2012 Re: Tuition Reimbursement

d)

e)

iv) f)

Fire Staff Reports No report(s) submitted. Bylaw Enforcement Staff Reports No report(s) submitted.

g)

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Review of Correspondence Bylaws First & Second Reading a) Bylaw No. 001-2012 being a bylaw for the Regulation of Private On-Site Sewage Systems in the Township of Wainfleet. Bylaw No. 002-2012 being a bylaw to set rental rates for use of Recreation Facilities. Bylaw No. 003-2012 being a bylaw to appoint a Fire Chief for the Corporation of the Township of Wainfleet.

b) c)

Third & Final Reading a) Bylaw No. 037-2011 being a bylaw to provide for interim tax levies for the year 2012 for the Township of Wainfleet. Bylaw No. 039-2011 being a bylaw to authorize the transfer by the Corporation of the Township of Wainfleet in favour of applicants for the abandoned rail corridor as set out in Schedule A attached hereto.

b)

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Notices of Motion Proclamations

Township of Wainfleet Council Meeting Agenda, January 10th, 2012

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16. 17.

Other Business Closed Meeting a) Adoption of Minutes of the In-Camera Meeting of Council for 2011 09 13, 2011 10 25, 2011 11 08, 2011 11 16 and 2011 12 16. Item under Section 239 (2) (b) and (d) of the Municipal Act, 2001, personal matters about an identifiable individual, including municipal or local board employees and labour relations or employee negotiations regarding Confidential Staff Report ASR-004/2012 addressing management compensation schedule (1 item). Item under Section 239 (2) (e) of the Municipal Act, 2001, litigation or potential litigation, including matters before administrative tribunals, affecting the municipal or local board regarding Fire Safety Commission Appeal (1 item).

b)

c)

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Rise and Report Bylaw to Confirm the Proceeding of Council a) Bylaw No. 004-2012 being a bylaw to adopt, ratify and confirm the actions of the Council at its regular meeting held on the 10th day of January 2012.

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Adjournment of Meeting

C23/11

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET REGULAR MEETING OF COUNCIL MINUTES

Minutes of the Regular Meeting of Council held in the Wainfleet Council Chambers located at 31940 Highway #3, Wainfleet, Ontario, on Tuesday, December 13, 2011 at 7:00 p.m. PRESENT: A. Jeffs, R. Dykstra, T. Hessels, B. Konc, D. Wyatt T. Lamb, S. Luey, R. Madere, G. Munday, G. Wuisman, J. Boerema, T. Bunz

STAFF PRESENT:

1.

CALL TO ORDER Mayor Jeffs noted that there was quorum present and she called the meeting to order at 7:00 p.m. NATIONAL ANTHEM A recording was provided. OPENING PRAYER Mayor Jeffs delivered the opening prayer. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Alderman Dykstra declared a conflict of interest to Bylaw No. 035-2011, as his daughter is being considered as a committee member and Bylaw No. 039-2011, as he owns lands abutting the abandoned rail corridor. Alderman Hessels declared a conflict of interest to Drainage Staff Report DSR-008/2011, as he owns abutting property to the Bridgewater Drain.

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PRESENTATIONS a) Mayor Jeffs presented Hanna Dykstra, Jillian Edwards, Emma Rosezell and Amber Smith, whose artwork was used for the 2011 Township Holiday Cards, with a framed version of their card. PUBLIC HEARINGS None. DELEGATIONS a) Kristina Edwards addressed Council to convey her concern regarding the lack of speed limit signs along frequently travelled rural roads and the dangers that exist due to the lack of proper signage.

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Township of Wainfleet Council Meeting Minutes, December 13, 2011

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b)

Bill Carrothers appeared before Council to provide an overview and detailed explanation for the rationale behind the naturalization landscaping at Jericho House. The presenters speaking notes are enclosed in the December 13th, 2011, Council meeting folder.

c)

Brian Fear approached Council to discuss the maintaining and upgrading of municipal roads within the Township. The Director of Operations responded to several questions raised by Mr. Fear. Mr. Fears speaking notes are enclosed in the December 13th, 2011, Council meeting folder.

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BUSINESS ARISING FROM DELEGATIONS Resolution No. C-343-2011 Moved by Betty Konc Seconded by David Wyatt THAT the delegates presentations be received for information. CARRIED. Resolution No. C-344-2011 Moved by David Wyatt Seconded by Betty Konc THAT the Director of Operations be directed to prepare a staff report to Council addressing the need and financial implications on increasing speed limit signs on frequently travelled rural roads in Wainfleet. CARRIED. Resolution No. C-345-2011 Moved by Richard Dykstra Seconded by David Wyatt THAT the Chief Building Official be directed to prepare a staff report to Council addressing exemptions that need to be applied to Wainfleets Property Standards Bylaw in order for Jericho House naturalization program to comply. CARRIED.

Township of Wainfleet Council Meeting Minutes, December 13, 2011

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MAYORS ANNOUNCEMENTS & REMARKS The Mayors comments are enclosed in the December 13th Council meeting folder. ADOPTION OF THE MINUTES a) Minutes of the Regular Meeting of Council held on November 22nd, 2011 Resolution No. C-346-2011 Moved by David Wyatt Seconded by Richard Dykstra THAT the minutes of the Regular Council meeting held on November 22nd be adopted as circulated. CARRIED.

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STAFF REPORTS AND RECOMMENDATIONS a) Planning Staff Reports No report(s) submitted Administration Staff Reports i) ASR-025/2011 Re: 2012 Regular Council Meeting Schedule RECOMMENDATION(S): THAT this report be received; AND THAT the meeting schedule for 2012 be approved and posted immediately. Resolution No. C-347-2011 Moved by David Wyatt Seconded by Betty Konc THAT Administration Staff Report ASR-025/2011 Re: 2012 Regular Council Meeting Schedule and the recommendations contained therein be adopted as circulated. CARRIED. c) Drainage Staff Reports i) DSR-008/2011 Re: Engineer Appointment Bridgewater Drain Extension RECOMMENDATION(S): THAT this report be received;

b)

Township of Wainfleet Council Meeting Minutes, December 13, 2011

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THAT Council accept the bid for the preparation of an Engineers report for the Bridgewater Drain Extension submitted by Spriet Associates in the amount of $16,850.00 plus applicable taxes; AND THAT Council authorize the Drainage Superintendent to enter into an agreement with Spriet Associates for the preparation of an Engineers report for the Bridgewater Drain Extension. Resolution No. C-348-2011 Moved by Richard Dykstra Seconded by David Wyatt THAT Drainage Staff Report DSR-008/2011 Re: Engineer Appointment Bridgewater Drain Extension and the recommendations contained therein be adopted as circulated. CARRIED. d) Building Staff Reports i) BSR-013/2011 Re: Building Permit Report November 2011 RECOMMENDATION(S): THAT this report be received for information. Resolution No. C-349-2011 Moved by Ted Hessels Seconded by David Wyatt THAT Building Staff Report BSR-013/2011 Re: Building Permit Report November 2011 and the recommendation contained therein be adopted as circulated. CARRIED. e) Public Works Staff Reports No report(s) submitted Fire Staff Reports No report(s) submitted Bylaw Enforcement Staff Reports No report(s) submitted

f)

g)

Township of Wainfleet Council Meeting Minutes, December 13, 2011

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REVIEW OF CORRESPONDENCE Resolution No. C-350-2011 Moved by Richard Dykstra Seconded by Ted Hessels THAT the report of the correspondence to Council dated December 13th, 2011 and the recommendations contained therein be adopted as amended. CARRIED AS AMENDED (see below). Resolution No. C-351-2011 Moved by Ted Hessels Seconded by Richard Dykstra THAT Alderman Konc be appointed to sit as a Board of Director on the South Niagara Health Care Corporation. CARRIED. CORRESPONDENCE REFERRED TO COUNCIL 2011 12 13

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From Ontario Good Roads Association Nominating Committee enclosing a recommended slate of candidates to serve on the 2012-2013 Board of Directors. REC. receive for information. From Wainfleet Township Public Library Board enclosing a motion that was passed in support of providing space for a satellite constituency office for Cindy Forster, M.P.P., Welland Riding dependent on time and space expectations. REC. receive for information. From the Town of Fort Erie enclosing resolutions in support of Brock Universitys Planned Cairns Family Health and Bioscience Research Complex Business Incubator, the Impact of Hydraulic Fracturing and Treating of Wastewater within the Great Lakes Basin, the Approval Process for Alternative Energy Projects and SmokeFree Outdoor Spaces. REC. receive for information. From the City of Thorold enclosing a resolution in support of the Impact of Hydraulic Fracturing and Treating of Wastewater Within the Great Lakes Basin. REC. receive for information. From the City of Port Colborne enclosing a resolution in support of Brock Universitys Planned Cairns Family Health and Bioscience Research Complex Business Incubator. REC. receive for information. From the City of St. Catharines enclosing a resolution in support of the Impact of Hydraulic Fracturing and Treating of Wastewater Within the Great Lakes Basin. REC. receive for information.

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Township of Wainfleet Council Meeting Minutes, December 13, 2011

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From the Township of Muskoka Lakes enclosing a resolution passed by its Council requesting that the Province of Ontario convene a meeting with the Provinces municipalities to develop a plan to address the lack of municipal planning authority over Renewable Energy Projects. A copy of this piece of correspondence has been circulated to each member of Council. REC. support resolution. From the Federation of Canadian Municipalities (FCM) officially confirming that the Township of Wainfleet will be one of the FCMs four pilot communities for their Protg Program. A copy of this piece of correspondence has been circulated to each member of Council. REC. receive for information. From South Niagara Health Care Corp. requesting that a representative from the Township of Wainfleet Council sit on its board of directors. A copy of this piece of correspondence has been circulated to each member of Council. REC. refer to Council appoint Alderman Konc as a representative. Comments submitted by various Wainfleet residents and Summit-Telecom representative response regarding proposed telecommunication tower in Wainfleet. A copy of this piece of correspondence has been circulated to each member of Council. REC. receive for information. From the City of Port Colborne enclosing a resolution passed by its Council requesting support for the creation of a new and stable funding plan for supportive home care. A copy of this piece of correspondence has been circulated to each member of Council. REC. receive for information. From the Niagara Peninsula Conservation Authority enclosing an update on the Niagara Peninsula Source Protection program. A copy of this piece of correspondence has been circulated to the Director of Operations. REC. receive for information. From the Regional Clerk enclosing various bylaws as follows: Bylaw 116-2011 being a bylaw to Adopt the 2012 Current Levy and Waste Management Budgets for the Regional Municipality; Bylaw 117-2011 being a bylaw to Adopt the 2012 Capital Budget for the Regional Municipality; Bylaw 118-2011 being a bylaw to Set the Rates and Requisitions to be Charged for Water Supplied to Lower-Tier Municipalities during the Period February 1, 2012 to December 31, 2012; and Bylaw 119-2011 being a bylaw to Set the Requisitions to be Charged for Wastewater Received from Lower-Tier Municipalities for the Period February 1, 2012 to December 31, 2012. A copy of this piece of correspondence has been circulated to the Treasurer. REC. receive for information.

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Unregistered Niagara Regional Police Services Board Report, Volume 7, Issue 9 Niagara Regional Housing Quarterly Report to Regional Council July 1, 2011- September. 30, 2011 Highlights

Township of Wainfleet Council Meeting Minutes, December 13, 2011

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BYLAWS Alderman Dykstra requested that Bylaw No. 035-2011 and Bylaw No. 039-2011 be considered and read separately. First & Second Reading Resolution No. C-352-2011 Moved by David Wyatt Seconded by Betty Konc THAT the following bylaws be now read a first and second time this 13th day of December, 2011: a) Bylaw No. 037-2011 being a bylaw to provide for interim tax levies for the year 2012 for the Township of Wainfleet. Bylaw No. 038-2011 being a bylaw to appoint Part 8 Sewage System Inspector and Chief Building Official for the Township of Wainfleet pursuant to the Building Code Act. Bylaw No. 040-2011 being a bylaw to appoint members of the Recreation Master Plan Implementation Committee and adopt Terms of Reference for the said Committee for the Corporation for the Township of Wainfleet. Bylaw No. 041-2011 being a bylaw to borrow the sum of $70,000 to finance the purchase of a 2012 International Workstar Single Axle Truck. CARRIED. Resolution No. C-353-2011 Moved by David Wyatt Seconded by Betty Konc THAT Section 15.7 of the Procedural Bylaw No. 021-2010 be waived to allow the third reading and final passing of Bylaw No. 038-2011, Bylaw No. 040-2011, and Bylaw No. 041-2011. CARRIED. Third & Final Reading Resolution No. C-354-2011 Moved by David Wyatt Seconded by Ted Hessels THAT the following bylaws be now read a third time and finally passed this 13th day of December, 2011:

b)

c)

d)

Township of Wainfleet Council Meeting Minutes, December 13, 2011

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a)

Bylaw No. 034-2011 being a bylaw to authorize borrowing from time to time to meet current expenditures during the fiscal year ending December 31, 2012. Bylaw No. 038-2011 being a bylaw to appoint Part 8 Sewage System Inspector and Chief Building Official for the Township of Wainfleet pursuant to the Building Code Act. Bylaw No. 040-2011 being a bylaw to appoint members of the Recreation Master Plan Implementation Committee and adopt Terms of Reference for the said Committee for the Corporation for the Township of Wainfleet. Bylaw No. 041-2011 being a bylaw to borrow the sum of $70,000 to finance the purchase of a 2012 International Workstar Single Axle Truck. CARRIED.

b)

c)

e)

Alderman Dykstra vacated his seat around the dais and did not take part in debate or vote on the bylaws. First & Second Reading Resolution No. C-355-2011 Moved by David Wyatt Seconded by Betty Konc THAT the following bylaw be now read a first and second time this 13th day of December, 2011: a) Bylaw No. 039-2011 being a bylaw to authorize the transfer by the Corporation of the Township of Wainfleet in favour of applicants for the abandoned rail corridor as set out in Schedule A attached hereto. CARRIED. Third & Final Reading Resolution No. C-356-2011 Moved by Ted Hessels Seconded by David Wyatt THAT draft Bylaw No. 035-2011, Section 1 be amended to include the following person to be appointed as a member of the Wainfleet Youth Committee: Samantha Rezner. CARRIED. THAT the following bylaw be now read a third time and finally passed, as amended, this 13th day of December, 2011:

Township of Wainfleet Council Meeting Minutes, December 13, 2011

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Resolution No. C-357-2011 Moved by Ted Hessels Seconded by David Wyatt a) Bylaw No. 035-2011 being a bylaw to appoint members to the Wainfleet Youth Committee. CARRIED. Alderman Dykstra returned to his seat around the dias. 14. 15. 16. NOTICE OF MOTION There were no notices of motion. PROCLAMATIONS There were no proclamations. OTHER BUSINESS Belleview Beach Signage Alderman Konc noted that residents from the Belleview Beach area have requested that the Public Works Department erect a No Motorized Vehicle sign at the beach access. Resolution No. C-358-2011 Moved by Betty Konc Seconded by Richard Dykstra THAT the Public Works Department erect a No Motorized Vehicles sign at the south end of Belleview Beach Road once confirmed by the Bylaw Enforcement Officer that such a prohibiting bylaw exists. CARRED. Safety Day The Policing Committee are requesting financial support in the amount of $500.00 to offset the expenditures of Safety Day for 2012. Resolution No. C-359-2011 Moved by Betty Konc Seconded by David Wyatt THAT the Policing Committees request for financial support for the 2012 Safety Day in the amount of $500.00 be referred to the 2012 Budget; AND THAT the Treasurer be so notified. CARRIED.

Township of Wainfleet Council Meeting Minutes, December 13, 2011

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Chamber of Commerce- Presidents Awards Reception Resolution No. C-360-2011 Moved by Betty Konc Seconded by Ted Hessels THAT the Township of Wainfleet nominate David Wyatt for the Chamber of Commerce Citizen of the Year Award for his hard work and dedication with the Wainfleet Fall Fair and Marshville Heritage. CARRIED. Pumper Truck Resolution No. C-361-2011 Moved by David Wyatt Seconded by Betty Konc THAT the Fire Department proceed with the sale of the old Pumper Truck using the Government Auction Website. CARRIED. Cindy Forster Resolution No. C-362-2011 Moved by Ted Hessels Seconded by David Wyatt THAT Council for the Township of Wainfleet extend an invite to Cindy Forster, MPP. Welland Riding to be a delegate at the next regularly scheduled Council meeting (January 10th, 2012). CARRIED. Millrace Road Illegal Dumping Resolution No. C-363-2011 Moved by Richard Dykstra Seconded by David Wyatt THAT the Chief Building Official and the Drainage Superintendent be directed to compose a letter to residents along Millrace Road advising them that disposing leaf and yard waste along the municipal drain is not permitted. CARRIED.

Township of Wainfleet Council Meeting Minutes, December 13, 2011

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CLOSED MEETING There were no Closed Meeting items. BYLAW TO CONFIRM THE PROCEEDING OF COUNCIL Resolution No. C-364-2011 Moved by Ted Hessels Seconded by David Wyatt THAT the following bylaw be now read a first, second and a third time and finally passed this 13th day of December, 2011: a) Bylaw No. 042-2011 being a bylaw to adopt, ratify and confirm the actions of the Council a its regular meeting held on the 13th December, 2011. CARRIED.

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ADJOURNMENT Resolution No. C-365-2011 Moved by Ted Hessels Seconded by David Wyatt THAT Council for the Township of Wainfleet do now adjourn. CARRIED. Council adjourned at 8:30 p.m.

A. Jeffs, MAYOR

T. Lamb, CLERK

C24/11

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET SPECIAL MEETING OF COUNCIL MINUTES

Minutes of the Regular Meeting of Council held in the Wainfleet Council Chambers located at 31940 Highway #3, Wainfleet, Ontario, on Friday, December 16, 2011 at 2:00 p.m. PRESENT: A. Jeffs, R. Dykstra, T. Hessels, B. Konc, and David Wyatt T. Lamb, S. Luey, C. Halliday, City of Thorold Fire Chief; Denys Provost, City of Welland Fire Chief and Dennis Fisher, Township of West Lincoln Fire Chief

STAFF PRESENT: OTHERS PRESENT:

1.

CALL TO ORDER The Council meeting was called to order by Mayor Jeffs. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF There were no disclosures of pecuniary interest noted by members of Council. CLOSED MEETING Resolution No. C-366-2011 Moved by Richard Dykstra Seconded by David Wyatt THAT Council now move in closed session to discuss an item under: a) Adoption of Minutes of the In-Camera Meeting of Council for 2011 09 13, 2011 10 25, 2011 11 08 and 2011 11 16. Item under Section 239 (2) (b) and (d) of the Municipal Act, 2001, personal matters about an identifiable individual, including municipal or local board employees and labour relations or employee negotiations regarding Part-Time Fire Chief position (1 item). CARRIED. Council reconvened at 3.04 p.m. Mayor Jeffs reported that Council met to discuss an item under Section 239 (2) (b) and (d) for the purpose of discussing personal matters about an identifiable individual, including municipal or local board employees and labour relations or employee negotiations regarding the recruitment of a Part-Time Fire Chief

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b)

Township of Wainfleet Council Meeting Minutes, December 16, 2011

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for the Township of Wainfleet. Mayor Jeffs noted that no resolutions emanated therefrom and that staff were given direction to make an offer of employment to the successful candidate. Resolution No. C-367-2011 Moved by Richard Dykstra Seconded by Betty Konc THAT the appointment of Tim Bunz as interim Fire Chief be extended until a successor is appointed by bylaw. CARRIED. 6. ADJOURNMENT Resolution No. C-368-2011 Moved by Betty Konc Seconded by David Wyatt THAT Council for the Township of Wainfleet do now adjourn. CARRIED. Council adjourned at 3:11 p.m.

A. Jeffs, MAYOR

T. Lamb, CLERK

C01/12

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET SPECIAL PUBLIC MEETING OF COUNCIL MINUTES

Minutes of the Regular Meeting of Council held in the Wainfleet Council Chambers located at 31940 Highway #3, Wainfleet, Ontario, on Tuesday, January 3rd, 2012 at 7:00 p.m. PRESENT: A. Jeffs, R. Dykstra, T. Hessels, B. Konc, D. Wyatt T. Lamb, S. Luey, R. Madere, C. Wood, G. Wuisman

STAFF PRESENT: 1.

CALL TO ORDER The Council meeting was called to order by Mayor Jeffs. NATIONAL ANTHEM A recording was provided. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF There were no disclosures of pecuniary interest noted by members of Council. PUBLIC HEARINGS a) This public hearing was chaired by Mayor Jeffs. Mayor Jeffs explained the purpose of the public hearing is to provide information and gather public comments regarding fees for septic permits and related services to be provided by the Township of Wainfleet Private Sewage System Regulating Department. This public meeting is held to meet the requirements of Ontario Building Code Act S.O. 1992., c.23 as amended under (Section 7 Bylaws, Resolution and Regulation) and Bill 124 (O.Reg. 305-03 Section 2. 23.1.2 Change of Fees) in order to inform the public of the proposed Fee Schedule and receive input from the public. Mayor Jeffs introduced and welcomed Caitlin Wood, who was appointed by bylaw as the Part 8 Senior Sewage Inspector and turned the public meeting over to Mr. Greg Wuisman, Director of Operations and Chief Building Official for Part 8. Mr. Wuisman noted that on January 2, 2012 the Township resumed providing the services of enforcing Part 8 of the Building Code. As part of those services, the Township will be collecting permit and/or review fees in order to recover all associated costs. The Ontario Building Code Act dictates that Part 8 must operate on a 100% cost recovery basis. The proposed fees are as follows:

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Township of Wainfleet Council Meeting Minutes, January 3rd, 2012

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Sewage System Applications New system Holding tank Replacement tank only $975.00 $975.00 $525.00

Land Severance Application & Niagara Escarpment Commissions Application Each parcel severed Parcel retained NEC application (per lot) $350.00 $350.00 $350.00

Subdivision Condominiums Each lot or unit $350.00

Minor Variances NOTE Each lot The above fees apply only to those lots serviced by private sewage systems. $350.00

Special Requests For preliminary site inspections related to proposed lot development where no other application has been made

$350.00

Real Estate Inquiries Which Include Site Inspection Visits Initial Fee Each additional hour or part thereof over 2 hours Real Estate inquiries which include existing file searches only $400.00 + H.S.T. $120.00 + H.S.T. $200.00 + H.S.T.

Mr. Wuisman noted that the proposed septic permit fees are identical to the Regional fees. Ed Yohanna, 1033 Lakeshore Road Mr. Yohanna requested information regarding the fee required for leaching bed repairs be incorporated. Burnell Cusak, 11441 Morgans Point Road Mr. Cusak noted that he would like to see some clarification regarding the permit process for systems other than Class 4 systems.

Township of Wainfleet Council Meeting Minutes, January 3rd, 2012

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In response to a question raised by Alderman Hessels, Mr. Wuisman stated that all viable alternative systems are pre-approved by the Ontario Building Code Commission. Mr. Wuisman concluded by informing Council and the public that the proposed regulation of private on-site sewage systems bylaw will be presented for adoption at the next regularly scheduled Council meeting (Tuesday, January 10th, 2012). This public hearing was adjourned at 7:14 p.m. by Mayor Jeffs.

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ADJOURNMENT Resolution No. C-001-2012 Moved by Ted Hessels Seconded by David Wyatt THAT Council for the Township of Wainfleet do now adjourn. CARRIED.

A. Jeffs, MAYOR

T. Lamb, CLERK

ADMINISTRATION STAFF REPORT TO: FROM: DATE OF MEETING: SUBJECT: Mayor Jeffs & Members of Council S. Luey, Chief Administrative Officer January 10, 2012 Council Compensation

ASR-001/2012

RECOMMENDATION(S): THAT this report be received for information. EXECUTIVE SUMMARY: A survey of Niagaras municipalities Council Compensation structures was recently conducted; this report summarizes the results of the surveys and is intended to provoke discussion by Council on the appropriate remuneration and benefits extended to Council members. BACKGROUND: The Township recently participated in a survey of total compensation for elected officials in lower tier municipalities in Niagara. The results have been received and included in this report for Councils review (attached as Appendix A). OPTIONS/DISCUSSION: The Region of Niagara recently conducted a survey of the total compensation offered to municipal councillors in each of the lower tier municipalities in Niagara. The results of the survey are attached to this report. Staff have analyzed the survey results and have reached the following conclusions: Wainfleet Council salary is comparable to similar sized municipalities Various municipal councils, including Wainfleet Council, provide added benefits such as laptops, internet access, mileage, and conference expenses to their members Many municipalities, 9 out of 12, permit Council members to participate in the OMERS pension plan that applies to municipal workers. Wainfleet Council does not provide OMERS for its members but does provide a matching contribution to Council members RRSPs. Council may wish to direct staff to examine the benefits of OMERS membership for Council members and report findings. Some municipalities, 6 out of 12, provide health and dental benefits for their mayor or their mayor and council members. Wainfleet does not currently extend benefits of this type to Council members. Council may wish to direct staff to calculate the cost of providing these benefits.

ASR-001/2012

2012 01 10 Page 2

FINANCIAL CONSIDERATIONS: Any increase or decrease in the amount of compensation (including benefits) of Council members would lead to a corresponding increase or decrease in the budget. OTHERS CONSULTED: None. ATTACHMENTS: 1. Appendix A Council Compensation Survey
Respectfully submitted and approved by,

Scott Luey Chief Administrative Officer

APPENDIX A Council Compensation Survey

APPENDIX A Council Compensation Survey

Page 2

APPENDIX A Council Compensation Survey

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ADMINISTRATION STAFF REPORT TO: FROM: DATE OF MEETING: SUBJECT: Mayor Jeffs & Members of Council R. Madere, Treasurer January 10, 2012 2010 Financial Indicators

ASR-002/2012

RECOMMENDATION(S): THAT this report be received for information. EXECUTIVE SUMMARY: On an annual basis, the Ministry of Municipal Affairs and Housing staff conduct a review of the Financial Information Returns (FIRs) and financial statements submitted by municipalities. Through the use of several key financial indicators, municipal financial performance is monitored in relation to established Provincial Thresholds. BACKGROUND: The annual review for 2010 year end was received at the end of December 2011. Copy of report is attached. The Township results show most areas as low risk level compared to Provincial standard. The results for the three years reflect the effort of council and staff to increase reserves and discretionary reserve funds. In 2008 the Township showed 27% whereas in 2010 the result is 39%. This result is favourable but Council should strive to continue its efforts in this area as the Township is below the median for Southern Ontario lower tier municipalities (the median for 2010 is just under 50%). The report does show moderate risk in two areas total taxes receivable as a percentage of total taxes levied and total cash and temporary investments as a percentage of operating expenses. These two performance measures directly relate to each other. When tax revenue is not collected the result is decreased cash on hand. OPTIONS/DISCUSSION: Staff is working on reducing the taxes receivable outstanding. Staff has started registration process on two properties and are closely monitoring all tax accounts that are two and three years in arrears. Staff is looking at ways to increase reserves and this will be brought forward during the 2012 budget process. FINANCIAL CONSIDERATIONS: No financial considerations at this time but will need to address during the 2012 Budget process.

ASR-002/2012

2012 01 10 Page 2

OTHERS CONSULTED: The report was prepared by Ministry of Municipal Affairs and Housing staff. ATTACHMENTS: 1. Appendix A 2010 Financial Indicator Review

Respectfully submitted by,

Approved by,

Robyn Madere Treasurer

Scott Luey Chief Administrative Officer

APPENDIX A 2010 Financial Indicator Review

APPENDIX A 2010 Financial Indicator Review

2012 01 10 Page 2

ADMINISTRATION STAFF REPORT TO: FROM: DATE OF MEETING: SUBJECT: Mayor Jeffs & Members of Council S. Luey, Chief Administrative Officer January 10, 2012 2011 Slogan Contest

ASR-003/2012

RECOMMENDATION(S): THAT this report be received for information; THAT Council select and adopt Wainfleet Find Your Country Side as the official slogan for the Township of Wainfleet; AND THAT the entrant be so notified and recognized at a future council meeting where he/she will be presented with a certificate showing Councils gratitude. EXECUTIVE SUMMARY: Staff are recommending that Council select Wainfleet Find Your Country Side be approved as the slogan for the Township as per the results of the on-line vote. BACKGROUND: A contest was held during the Wainfleet Fall Fair in an effort to establish a Township slogan. Of the entries received, five were recommended and brought forward to Council by way of ASR-019/2011, on October 11, 2011. Staff were directed to advertise the slogan selections on the Townships website in order for the public to be able to vote on the entries. OPTIONS/DISCUSSION: The slogans have been posted on the Township website for approximately two months. During this time frame, Wainfleet Find Your Country Side has received the most votes from the public. FINANCIAL CONSIDERATIONS: None. OTHERS CONSULTED: None.

ASR-003/2012

2012 01 10 Page 2

ATTACHMENTS: None.

Respectfully submitted and approved by,

Scott Luey Chief Administrative Officer

BUILDING STAFF REPORT TO: FROM: DATE OF MEETING: SUBJECT: Mayor Jeffs & Members of Council J. Boerema, Chief Building Official January 10, 2012 Building Permit Report December 2011

BSR-001/2012

RECOMMENDATION(S): THAT this report be received for information. EXECUTIVE SUMMARY: This is the summary report of building activity within the Township of Wainfleet for the month of December 2011. BACKGROUND: None. OPTIONS/DISCUSSION: None. FINANCIAL CONSIDERATIONS: None. OTHERS CONSULTED: None. ATTACHMENTS: 1. Appendix A Summary Chart of the Building Permit Report December 2012

Respectfully submitted by,

Approved by,

John Boerema Chief Building Official

Scott Luey Chief Administrative Officer

APPENDIX A

PUBLIC WORKS STAFF REPORT

PWSR-001/2012

TO:
FROM:

Mayor Jeffs & Members of Council


G. Wuisman, Director of Operations

DATE OF MEETING: SUBJECT:

January 10, 2012 Regulation of Private On-Site Sewage Systems

RECOMMENDATION(S): THAT this report be received; AND THAT Council approve and adopt the attached bylaw (Schedule A) Regulation of Private On-Site Sewage Systems. EXECUTIVE SUMMARY: Staff is recommending that Council approve the attached bylaw, a bylaw that approves the establishment of: A) Application requirements B) Fee Schedule for permits and reviews C) Code of Conduct for Building Officials BACKGROUND: As Council is aware, on January 2, 2012 the Township resumed providing the services of enforcing Part 8 of the Building Code. As part of those services, the Township will be collecting permit and/or review fees in order to recover all associated costs. The subject bylaw approves the establishment of: A) Application requirements B) Fee Schedule for permits and reviews C) Code of Conduct for Building Officials Pursuant to the Building Code Act, a public meeting was held on January 3, 2012 in order to inform the Public of the proposed Fee Schedule and receive input from the public. OPTIONS/DISCUSSION: The need to establish application requirements, a fee schedule, and a Code of Conduct, are all dictated under the Building Code Act as necessary requirements. This bylaw incorporates all three requirements. No negative comments were received during the Public Meeting process however, clarification was sought regarding the permit process for systems other than Class 4 systems.

PWSR-001/2012

2012 01 10 Page 2

Staff has since reviewed this issue and determined that other classes of systems would be subject to the same fee schedule. At the Public Meeting, a delegate requested information regarding the fee required for leaching bed repairs. The Special Request fee will be applicable for minor repairs, however, major construction will be subject to the fee for New Systems. The Township of Wainfleet Manager of Planning, Grant Munday, recommended that planning applications be included on the fee schedule. Staff implemented the appropriate changes to the Bylaw to accommodate this request. FINANCIAL CONSIDERATIONS: All expenses associated with enforcement of the building code are fully recoverable through permit and review fees; consequently, no long-term impact is anticipated to the annual Township budget. OTHERS CONSULTED: None. ATTACHMENTS: 1. Schedule A Draft bylaw Regulation of Private On-Site Sewage Systems
Respectfully submitted by, Approved by,

Greg Wuisman Director of Operations

Scott Luey Chief Administrative Officer

SCHEDULE A THE CORPORATION OF THE TOWNSHIP OF WAINFLEET BYLAW NO. XXX-2012 Being a bylaw for the Regulation of Private On-Site Sewage Systems in the Township of Wainfleet WHEREAS subsection 3(1) of the Building Code Act, 1992, R.S.O. 1992, c.23, as amended (the Act) provides that the council of each municipality is responsible for the enforcement of the Act in the municipality; NOW THEREFORE the Council of the Corporation of the Township of Wainfleet HEREBY ENACTS AS FOLLOWS: 1. THAT in this bylaw:

(a) (b) (c)

Building means a building as defined in the Act; Building Code means the regulations made under section 34 of the Act, as amended from time to time; Chief Building Official means a chief building official as defined in the Act, and as appointed by bylaw of the Municipality for the purposes of the enforcement of the Act; Groundwater means groundwater as defined in the Building Code; Inspector means an inspector as defined in the Act; Leaching Bed means leaching bed as defined in the Building Coder; and Sewage Systems means sewage systems as defined in the Building Code.

(d) (e) (f) (g)


2.

Wainfleets Operations Department is hereby designated (as prescribed by the Act and its regulations) as the department responsible for the administration and enforcement of Part 8 of the Ontario Building Code within the Municipality. The Director of Operations is hereby appointed as the Chief Building Official for the purposes of administrating and enforcing Part 8 of the Ontario Building Code within the Municipality. In addition to any information required under the Act, the Ontario Building Code, or this bylaw, an Applicant for a permit shall submit sufficient information with each application to enable the Chief Building Official to determine whether or not the undertaking complies to the design, construction, operation, and maintenance requirements and standards for the class of Sewage System so as to conform with the Act, the Ontario Building Code, and any other applicable law. Every application for a Sewage System permit under the Act shall be submitted to the Chief Building Official, and include the following:

3.

4.

5.

BYLAW NO. 001-2012

Page 2

(a) (b) (c)

the name(s), address(es), and telephone number(s) of the owner, and where applicable, the architect, engineer, or other designer or constructor; a complete description of where the work is to be done, identifying the building lot; a comprehensive description of, and complete plans and specification, as described in this bylaw, for the work to be covered by the permit and the occupancy of all parts of the building; a written acknowledgement by the owner that he/she has retained an architect or professional engineer to carry out the field review of the construction where required by the Building Code; where the application relates to a lot less than one (1) hectare in area, and where that lot forms part of more than five continuously connecting lots (whether or not the lots are deemed as individual lots), the results of a hydrogeological analysis conducted in accordance with the Ministry of the Environment Procedure, D-5-4 Technical Guideline for On-Site Sewage Systems Water Quality Risk Impact Assessment (Procedure D-5-4), as may be amended or replaced from time to time; where the Chief Building Official, in his/her sole discretion, believes that development of the lot with a private Sewage System may impair the quality of the area Groundwater, the results of a hydrogeological analysis conducted in accordance with Procedure D-5-4; where required by the Chief Building Official, for review and approval, a detailed engineering and drainage report that describes the storm water management techniques to be employed to ensure that surface water does not negatively impact on the operation of the private Sewage System; where required by the Chief Building Official, for review and approval, an individual lot grading plan that provides a building envelope, a Sewage System envelope (including a spare area), and a backyard amenities envelope; a site evaluation report including the following items, unless otherwise specified by the Chief Building Official: i. the date the evaluation was done; ii. the name, address, telephone number and signature of the person who prepared the evaluation; iii. a scaled map of the site showing: 1) the legal description, lot size, property dimensions, existing rightsof-way, easements or municipal/utility corridors;

(d)

(e)

(f)

(g)

(h)

(i)

BYLAW NO. 001-2012

Page 3 2) the clearance, distances listed in Table 8.2.1.5., Table 8.2.1.6.A., Table 8.2.1.6.B., and Table 8.2.1.6.C. of Division B Part 8 of the Building Code; 3) the location of the proposed Sewage System; 4) the location of any unsuitable, disturbed or compacted areas; and 5) proposed access routes for Sewage System maintenance;

iv. the depth to bedrock; v. the depth to zones of soil saturation; vi. the soil properties, including soil permeability; and vii. the soil conditions, including the potential for flooding j. a statement of the valuation of the proposed work, including materials and labour; the name, address, telephone number, and licence number of the person installing the Sewage System; where the person named in (k) above requires a licence under the Act and/or the Building Code; i. the number and date of issuance of the licence; and ii. the name of the qualified person supervising the work to be done under the Sewage System permit. m. n. the prescribed fee as set out in Appendix B attached hereto; the signature of the owner or his or her authorized agent who shall certify the truth of the contents of the application; and If the Applicant is not the owner, a signed statement by the Owner authorizing the Applicant to make the application on the Owners behalf.

k.

l.

o.

Where soils in the Leaching Bed area have been compacted, their ability to function has been compromised, or they are otherwise not satisfactory to the Chief Building Official, the Chief Building Official, at his/her sole discretion, may require their removal and replacement with suitable material. Each application shall, unless otherwise specified by the Chief Building Official, be submitted in duplicate and be accompanied by two (2) complete sets of any documentation required under this bylaw. Plans shall be drawn to scale on paper, cloth or other durable material, shall be legible,

BYLAW NO. 001-2012

Page 4

and, without limiting the generality of the foregoing, unless otherwise specified by the Chief Building Official, shall include such working drawings as set out in Appendix A to this bylaw and any other such plans or drawings that may be specified by the Chief Building Official. 9 Fees for a required Sewage System permit shall be as set out in Appendix B to this bylaw. The Applicant shall submit the prescribed fee as set out in Appendix B upon submission of an application for a permit. The forms prescribed for use as applications for sewage permits, orders, and inspection reports shall be determined by the Chief Building Official, and may be amended from time to time provided that the forms conform to the requirements as set forth in the Act and its regulations, including the Building Code. Pursuant to 7.1 of the Building Code Act, a Code of Conduct for the Chief Building Official and Inspectors is attached to this bylaw as Appendix C. This bylaw comes into force on the date on which it is passed.

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11

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13

BYLAW READ A FIRST TIME THIS XX DAY OF BYLAW READ A SECOND TIME THIS XX DAY OF

, 20XX. , 20XX.

BYLAW READ A THIRD TIME AND FINALLY PASSED THIS XX DAY OF_____________, 20XX.

A. Jeffs, MAYOR

T. Lamb, CLERK

APPENDIX A TO BYLAW NO. 001-2012 PLANS TO BE SUMBITTED WITH APPLICATION FOR A SEWAGE SYSTEM CERTIFICATE OF APPROVAL AND A USE PERMIT PUBLIC WORKS DEPARTMENT

ATTACH A LOT DIAGRAM AND SEWAGE SYSTEM PLAN: Draw to scale indicating North point and showing at a minimum:

(a)

location of Sewage System components (e.g., tanks, Leaching Bed). Locate and show horizontal distances from system to adjacent existing or proposed buildings, water supplies (including neighbours)., existing on-site sewage systems, driveways, property lines, lakes, rivers, water courses, swimming pools; lot dimensions, topographic features (e.g., swamps, steep slopes) near Sewage System; if any part of proposal conforms to a specific standard drawing, give reference number(s); and when required by the Chief Building Official, an individual lot grading plan that provides a building envelope, a Sewage System envelope (including a spare area), and a backyard amenities envelope.

(b) (c) (d)

APPENDIX B TO BYLAW NO. 001-2012 FEE SCHEDULE PUBLIC WORKS DEPARTMENT

Sewage System Applications New system Holding tank Replacement tank only $975.00 $975.00 $525.00

Land Severance Application & Niagara Escarpment Commissions Application Each parcel severed Parcel retained NEC application (per lot) $350.00 $350.00 $350.00

Subdivision Condominiums Each lot or unit $350.00

Minor Variances/Planning Applications NOTE Each lot The above fees apply only to those lots serviced by private sewage systems. $350.00

Special Requests For preliminary site inspections related to proposed lot development where no other application has been made

$350.00

Real Estate Inquiries Which Include Site Inspection Visits Initial Fee Each additional hour or part thereof over 2 hours Real Estate inquiries which include existing file searches only $400.00 + H.S.T. $120.00 + H.S.T. $200.00 + H.S.T.

APPENDIX C TO BYLAW NO. 001-2012 CODE OF CONDUCT FOR BUILDING OFFICIALS 1.0 Introduction The Township of Wainfleet maintains this code of conduct in accordance with the provisions of The Building Code Act. Building Officials undertake building certification functions that ensure the quality, structural integrity and safety of buildings. Building Officials are exposed to potential conflicts of interest because of the special powers conferred on them. The conduct and the behaviour of Township of Wainfleets Building Official reflects Wainfleet Building and Bylaw Enforcement Departments commitment to the highest standards of professionalism, technical competence, skill, honesty, fairness and independence. Building Officials observe both the letter and the spirit of this Code of Conduct as it pertains to situations that bear on their responsibilities. 2.0 Purpose The purposes of this Code of Conduct are: To promote appropriate standards of behaviour by Building Officials in the exercise of their powers and performance of their duties; To prevent practices which may constitute an abuse of power, and To promote appropriate standards of honesty and integrity.

3.0 Standards of Conduct and Professionalism 1) Act in the public interest, particularly with regard to the safety of building works and structures; 2) Maintain their knowledge and understanding of the best current building practice, the building laws and regulations relevant to their building certifying functions; 3) Commit themselves to a process of continuous education so as to constantly be aware of developments in building design, practice and the law relevant to their duties; 4) Comply with the provisions of the Building Code Act, the Building Code and other Act or Law that regulates or governs Building Officials or their functions; 5) Avoid situations where there may be, or where there may reasonably appear to be, a conflict between their duties to their clients, their profession, their peers and the public at large and their personal interests; 6) Not act beyond their level of competence or outside their area of expertise; 7) Apply all relevant building laws, regulations and standards strictly and without favour and independent of the influence of interested parties; 8) Perform their inspections and certifying duties impartially and in accordance with the highest professional standards;

APPENDIX C TO BYLAW NO. 001-2012

Page 2

9) Not divulge any confidential or sensitive information or material, that they became privy to in the performance of their duties, except in accordance with laws governing freedom of information and protection of privacy; 10) To avoid any conduct that could bring Building Officials or the Township of Wainfleet into disrepute; 11) Extend professional courtesy to all; 12) Accept responsibility for the conduct of their subordinate employees; 13) Maintain current accreditation to perform the functions assigned to them; and 14) Take all reasonable steps to ascertain and document all available facts relevant to the performance of their duties. 15) Exemplify compliance with all regulations and standards that govern building construction, health and safety or other matters related to their status as a building official. 4.0 Guideline for responding to misconduct allegations The Building Code Act provides that the performance of Building Officials will be measured against this Code of Conduct. In response to any allegation of a breach of this code, the Chief Building Official shall direct an investigation and where appropriate, recommend disciplinary action against any Building Official who fails to comply with this Code of Conduct. Where the allegation is against the Chief Building Official, the Chief Administrative Officer will direct the investigation and make such recommendations as are reasonable. In determining the appropriate discipline, the Chief Building Official or Chief Administrative Officer will have regard to the relevance of the conduct to the officials powers and responsibilities as well as the severity of any misconduct. Disciplinary Action arising from violations of this Code of Conduct is the responsibility of The Township of Wainfleets administration and is subject to relevant employment laws and standards.

PUBLIC WORKS STAFF REPORT


TO: FROM: DATE OF MEETING: SUBJECT: Mayor Jeffs & Members of Council G. Wuisman, Director of Operations January 10, 2012 Recreation Facilities Rates 2012

PWSR-002/2012

RECOMMENDATIONS: THAT this report be received; THAT the recreation facilities rental rates for 2012 be approved; AND THAT Council approve the attached Recreation Facilities Rates Bylaw effective January 1, 2012. EXECUTIVE SUMMARY: Staff is recommending that Council approve the attached Recreation Facilities Rates Bylaw effective January 1, 2012. BACKGROUND: Each year staff review the Townships rental rates for use of the recreation facilities and recommend revisions if deemed appropriate. The recreation facilities rental rates in question are those under the Townships jurisdiction and include the rates for the Arena, Baseball Diamonds, Soccer Fields and event rental facilities (buildings). Attached is a breakdown of pre-tax rental rates charged for seasons dating back to 2009-2010 (Schedule B to draft bylaw) accompanied by staffs recommended rates for 2012. Also attached is a draft bylaw (Appendix A) with the recommended recreation facility rates for 2012 for Councils approval. As indicated in the draft bylaw, these rates are to be effective January 1, 2012. Rates proposed in this bylaw will be subject to the Harmonized Sales Tax (HST) of 13%. OPTIONS / DISCUSSION: It is staffs opinion that the demand for Recreational services is somewhat elastic and therefore significantly increased rates will result in reduced sales volume. Elastic demand coupled with the current economic climate has made staff recommend very modest increases on only some selected services. FINANCIAL CONSIDERATION(S): The proposed modest rate increases are not anticipated to have any significant impact on the sales or expenses related to the recreational facilities.

PWSR-002/2012

2012 01 10 Page 2

OTHERS CONSULTED: None. ATTACHMENTS: 1. Appendix A to Draft Bylaw Recreation Facility Rental Rates 2012 Recreation Facility Rates 2009/10 - 2012 2. Appendix B Draft Recreation Facility Rental Rates 2012

Respectfully submitted by,

Approved by,

Greg Wuisman Director of Operations

Scott Luey Chief Administrative Officer

APPENDIX A THE CORPORATION OF THE TOWNSHIP OF WAINFLEET BYLAW NO. XXX-2012 Being a bylaw to set rental rates for use of Recreation Facilities. WHEREAS the Council of the Corporation deems it necessary to set rental fees for the use of Recreation Facilities and charging fees, NOW THEREFORE the Council of the Corporation of the Township of Wainfleet HEREBY ENACTS AS FOLLOWS: 1. THAT the rental fees for Recreation Facilities as set out in Schedule A and Schedule B, attached to and forming part of this Bylaw are hereby approved; THAT the rental rates and fees set out in Schedule A and Schedule B to this Bylaw shall take effectJanuary 10, 2012; THAT Bylaws No. 034-2009 and 041-2009 are hereby repealed; THAT this Bylaw shall come into force and take effect on January 10, 2012.

2.

3. 4.

BYLAW READ A FIRST TIME THIS XX DAY OF ______________, 20XX. BYLAW READ A SECOND TIME THIS XX DAY OF ____________, 20XX. BYLAW READ A THIRD TIME AND FINALLY PASSED THIS XX DAY OF __________, 20XX.

A. Jeffs, MAYOR

T. Lamb, CLERK

SCHEDULE A TO BYLAW NO. XXX-2012 Recreation Facilities Rates 2012

2012 FIREFIGHTERS MEMORIAL COMMUNITY HALL For Funeral Luncheons, Wainfleet Church Groups, Wainfleet Minor Sports Functions & Wainfleet School Groups BALL DIAMONDS Minor Ball Diamonds 1 and 2: Per player surcharge per year Adult rate per game (per diamond) Tournament Rates: Evenings: 6:00 p.m. 11:00 p.m. (per diamond) Saturdays & Sundays: per day (per diamond) SOCCER FIELDS Per player surcharge per year PUBLIC SKATING ARENA RATE PER EVENT First or One-Day Event Only Second Additional Day (see note below) Third and Subsequent Days (see note below) Use of Canteen Facility in Arena during rental per day Moore Room (with kitchen facility) per event Moore Room (without kitchen facility) per event $252.21

$123.89

$8.85 $34.07

$77.88 $214.16

$8.85 $3.10

$668.14 $659.29 $557.52 $88.50 $48.67 $26.55

Note: For multi-day events, the renters will be subjected to a water and hydro usage surcharge based on metered water and hydro consumption. Usage will be charged on recovery basis.

SCHEDULE A TO BYLAW NO. XXX-2012

Page 2

2012 ARENA Prime per hour Prime per 1 hours Non-Prime per hour Student rates per hour Minor Hockey & Figure Skating rate per hour Spring School Elementary Schools rate Secondary Schools & Church Youth Groups Rental rates prior to 8:00 a.m. (weekdays): Non-Wainfleet Minor Hockey or Figure Skating rate per hour $141.59 $194.69 $119.47 $53.10 $87.61 $92.92 $22.12 $48.67

$132.74

ADVERTISING SIGNS IN ARENA As Amended by Bylaw No. 051-2010 4 X 4 per year $123.89 4 X 8 per year $203.54 Board space per 3 years $1523.81

PARK PAVILION With Hydro and Washrooms

$88.50

* ALL RATES SUBJECT TO APPLICABLE TAXES.

Price changes effective January 10, 2012

SCHEDULE B TO BYLAW NO. XXX-2012 Recreation Facilities Rates 2009/10 2012 Proposed 2012

2009-2010 FIREFIGHTERS MEMORIAL COMMUNITY HALL For Funeral Luncheons, Wainfleet Church Groups, Wainfleet Minor Sports Functions & Wainfleet School Groups BALL DIAMONDS Minor Ball Diamonds 1 and 2: Per player surcharge per year Adult rate per game (per diamond) Additional Diamonds Tournament Rates: Evenings: 6:00 p.m. 11:00 p.m. (per diamond) Saturdays & Sundays: per day (per diamond) SOCCER FIELDS Per player surcharge per year PUBLIC SKATING ARENA RATE PER EVENT First or One-Day Event Only Second Additional Day (see note below) Third and Subsequent Days (see note below) Use of Canteen Facility in Arena during rental per day Moore Room (with kitchen facility) per event Moore Room (without kitchen facility) per event Moore Room (without kitchen facility) per hour

2010-1011

$238.10

$243.36

$252.21

$119.05

$119.47

$123.89

$8.57 $33.33 $28.57 $76.19 $209.52

$8.85 $34.07 N/A $77.88 $214.16

$8.85 $34.07 N/A $77.88 $214.16

$8.57 $2.86

$8.85 $3.10

$8.85 $3.10

$642.86 $642.86 $542.86 $85.71 $47.62 $23.81 $14.29

$659.29 $659.29 $557.52 $88.50 $48.67 $26.55 N/A

$668.14 $659.29 $557.52 $88.50 $48.67 $26.55 N/A

Note: For multi-day events, the renters will be subjected to a water and hydro usage surcharge based on metered water and hydro consumption. Usage will be charged on recovery basis.

SCHEDULE B TO BYLAW NO. XXX-2012 Recreation Facilities Rates 2009/10 2012 Proposed 2012 $141.59 $203.54 $119.47 $53.10 $87.61 $92.92 $22.12 $48.67

Page 2

2009-2010 ARENA Prime per hour Prime per 1 hours Non-Prime per hour Student rates per hour Minor Hockey & Figure Skating rate per hour Spring School Elementary Schools rate Secondary Schools & Church Youth Groups Rental rates prior to 8:00 a.m. (weekdays): Non-Wainfleet Minor Hockey or Figure Skating rate per hour ADVERTISING SIGNS IN ARENA 4 X 4 per year 4 X 8 per year Board space per 3 years PARK PAVILLION With Hydro and Washrooms $133.33 $200.00 $114.29 $52.38 $80.95 $90.48 $19.05 $47.62

2010-2011 $137.17 $203.54 $119.47 $53.10 $84.07 $92.92 $19.47 $48.67

$128.57

$132.74

$132.74

N/A N/A N/A

$119.05 $200.00 $1523.81

$123.89 $203.54 $1523.81

$85.71

$88.50

$88.50

* ALL RATES SUBJECT TO APPLICABLE TAXES

Price changes effective January 10, 2012

PUBLIC WORKS STAFF REPORT

PWSR-003/2012

TO: FROM: DATE OF MEETING: SUBJECT:

Mayor Jeffs & Members of Council G. Wuisman, Director of Operations January 10, 2012 Roof Replacement on East Public Works Garage Building

. RECOMMENDATION(S): THAT this report be received; THAT Council approve the completion of this project by Township staff. AND THAT the Director of Operations be and is hereby authorized and delegated as the authority to bind the Corporation in issuance of the building permit and any other associated documentation related to the construction project EXECUTIVE SUMMARY: Staff is recommending that Council approve the completion of this project by Township staff at an approximate cost of $40,000 ($45,000 less $5,000 engineering work already completed) plus labour. The labour component of this project is estimated to be approximately $20,000 however, these monies have already been allocated in the annual budget and therefore do not represent additional costs to the Township. BACKGROUND: Last summer (July 19, 2011, Staff Report PWR-012/2011), Council approved the replacement of the East Public Works Garage Building roof structure. The replacement is required because the roof, believed to be in excess of eighty years of age, has started showing signs of structural distress and is beginning to fail. At the time Council approved this project, staff had estimated that if the project was carried out in-house by Township staff, the costs would be approximately $45,000 plus labour. The breakdown of the $45,000 was estimated to be as follows: 1. 2. 3. Sheeting, metal roofing, & misc. materials Trusses Engineering $33,000 $ 6,000 $ 6,000

Most of the engineering work for this project was carried out last fall.

PWSR-003/2012

2012 01 10 Page 2

It was decided that the remainder of the project would be tendered so that comparative costs could be established to determine if completing the work in-house with Township staff was the most economical method of proceeding. In accordance with our Purchasing and Procurement policy, staff tendered the project. The tender was posted on the Township website and selected contractors were informed by telephone. Two (2) bids were received as follows: Contractor BMP Construction & Landscaping 83570 Old River Road W. R.R. #3 Wellandport ON L0R 2J0 Stolk Construction Limited 11 Petersburg Circle Port Colborne ON L3K 5V5 Bid amount on monthly basis Exclusive of Taxes $72,200.00

$86,554.00

OPTIONS/DISCUSSION: Staff estimates that if the remainder of the project is carried out in-house by Township staff, the costs will be approximately $40,000 ($45,000 less $5,000 engineering work already completed), exclusive of taxes, plus labour. Although using Township labour is estimated to be approximately $20,000 for this project, these monies have already been allocated in the annual budget and therefore do not represent additional costs to the Township. The total costs for this project are estimated to be: Materials & Engineering Township Labour Total $45,000 $20,000 $65,000

Given that $65,000 is below the lowest bid received and that Township labour costs have already been allocated in the annual budget and do not represent additional costs, it is staffs recommendation that Council approve the completion of this project by Township staff. FINANCIAL CONSIDERATIONS: Staff estimates that if the project is carried out in-house by Township staff, the costs will be approximately $40,000 ($45,000 less $5,000 engineering work), exclusive of taxes, plus labour. The labour component of this project is estimated to be approximately $20,000

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2012 01 10 Page 3

however, these monies have already been allocated in the annual budget and therefore do not represent additional costs to the Township.

As previously approved by Council, funds for this non-budgeted project would be drawn from the Township General Reserve. The total costs for this project are estimated to be: Materials & Engineering Township Labour Total OTHERS CONSULTED: None. ATTACHMENTS: None. $45,000 $20,000 $65,000

Respectfully submitted by,

Approved by,

Greg Wuisman Director of Operations

Scott Luey Chief Administrative Officer

PUBLIC WORKS STAFF REPORT

PWSR-004/2012

TO: FROM: DATE OF MEETING: SUBJECT:

Mayor Jeffs & Members of Council G. Wuisman, Director of Operations January 10, 2012 Tuition Reimbursement

RECOMMENDATION(S): THAT this report be received; THAT Council approve the creation of a succession plan for an identified employee; AND THAT Council approve the reimbursement for course tuition and associated expenses related to that succession plan. EXECUTIVE SUMMARY: Permission is being sought from Council to establish a succession plan for an identified employee and subsequently reimburse that employee for course tuitions and associated expenses being part of that plan. BACKGROUND: The Townships current Tuition Reimbursement Policy only permits reimbursement of expenses for courses and associated costs if: 1. the course relates directly to an employees current job, or 2. the course is part of a Council approved succession plan The Director of Operations has identified a staff member in the newly created Private Sewage System Regulating Department (currently serving as Administrative Assistant) as having the potential to become a Private Sewage System Inspector in the future. As the courses required to become a Private Sewage System Inspector are those beyond the employees current job, criteria #1 above is not satisfied consequently permission is being sought from Council to establish a succession plan (criteria #2 above) thereby permitting the employee to be reimbursed for tuition and associated expenses. OPTIONS/DISCUSSION: The current Tuition Reimbursement Policy does acknowledge succession planning. In this case, the training of an existing employee will potentially assist the Township in having a candidate for the Junior Inspector position scheduled to be required the spring of 2012.

PWSR-004/2012

2012 01 10 Page 2

Council should be cognizant that the employee seeking tuition reimbursement is part of the Townships Collective Bargaining Unit and consequently, if approved, will be receiving benefit beyond what was agreed upon in the collective agreement. FINANCIAL CONSIDERATIONS: It is anticipated that this particular request will result in tuition fees of less than $1,000.00. OTHERS CONSULTED: None. ATTACHMENTS: 1. Appendix A Tuition Reimbursement Policy

Respectfully submitted by,

Approved by,

Greg Wuisman Director of Operations

Scott Luey Chief Administrative Officer

APPENDIX A

APPENDIX A Tuition Reimbursement Policy

Page 2

APPENDIX A Tuition Reimbursement Policy

Page 3

APPENDIX A Tuition Reimbursement Policy

Page 4

APPENDIX A Tuition Reimbursement Policy

Page 5

APPENDIX A Tuition Reimbursement Policy

Page 6

APPENDIX A Tuition Reimbursement Policy

Page 7

CORRESPONDENCE REFERRED TO COUNCIL 001.

2012 01 10

From Big Brothers Big Sisters of South Niagara thanking Mayor Jeffs for meeting and discussing the agencys needs within Wainfleet as well as the upcoming 2012 Tim Hortons Bowling for Kids Sake. REC. receive for information. From Niagara Region Integrated Community Planning requesting comments regarding an application to amend the Regional Policy Plan (RPPA 4-2011) which proposes an increase in the permitted regional-serving retail uses including an open air outlet centre, developed over two phases. A copy of this piece of correspondence has been circulated to Manager of Planning (via hard copy). REC. refer to the Manager of Planning to comment if required. From Mike and Grace Perrotto expressing concerns regarding speeding on Pettit Rd. A copy of this piece of correspondence has been circulated to Council and the Director of Operations. REC. refer to Director of Operations. From IPC Energy requesting the opening of Side Road 22 for the Wainfleet Wind Energy project and that the Township enter into an agreement for the purposes of gaining access to the proposed wind farm facility and placement of some project infrastructure. A copy of this piece of correspondence has been circulated to Council and the Director of Operations. REC. refer to Director of Operations to compose a staff report for the January 24, 2012 Council Meeting. From the Regional Clerk enclosing Report ICP 97-2011 respecting Review and Update of the Smarter Niagara Incentive Programs. REC. receive for information. From the Regional Clerk enclosing Report CIP 96-2011 respecting Smart Growth Principles and the Relationship to School Accommodation Reviews. REC. receive for information. From the Welland & District Humane Society enclosing its statistical report for the month of November 2011. REC. receive for information. From the City of Welland enclosing a motion supporting the resolution passed by the Town of Pelham regarding potential construction of windmills in the area of the Niagara Central Airport. REC. receive for information. From the City of Port Colborne enclosing a resolution urging the Region of Niagara to reconsider the Combined Sewer Overflow Funding Policy to include remediation of all sources of extraneous flows with the designated areas of study, on a case by case basis. REC. receive for information. From Mr. Agnes Wellenreiter expressing concerns regarding the new flood plain limits. A copy of this piece of correspondence has been circulated to Council and the Manager of Planning. REC. refer to Council. From the Township of Carling requesting support of a resolution passed by its Council regarding MPP Norm Millers Private Members Bill to pave highway shoulders. A copy of this piece of correspondence has been circulated to Council. REC. support resolution.

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011.

012.

From the City of Port Colborne enclosing notice of its Councils decision regarding the Petition of Browns Tap & Skelton Municipal Drains. The City of Port Colborne has considered the petition and decided to proceed with the drainage works. A copy of this piece of correspondence has been circulated to Council and the Drainage Superintendent. REC. refer to Drainage Superintendent. From the City of Port Colborne enclosing a resolution passed by its Council which calls upon the Government of Ontario to include Niagara in the new South Western Ontario Development Fund and expedite the roll-out of this new program. A copy of this piece of correspondence has been circulated to Council and the Treasurer. REC. support resolution. From the Regional Clerk enclosing Report COM 44-2011 respecting Niagara Prosperity Initiative Update and that report Building a New Legacy: Increasing Prosperity for Niagara Residents by Improving the Quality of Neighbourhood Life be endorsed as the framework to guide the twelve municipalities with their policy and planning activities. A copy of this piece of correspondence has been circulated to the Manager of Planning. REC. receive for information. From Mr. Andrew Watts expressing concerns with Councils decisions. A copy of this piece of correspondence has been circulated to Council. REC. receive for information. From Mr. Andrew Watts enclosing his resignation from the Committee of Adjustment. A copy of this piece of correspondence has been circulated to Council and the Manager of Planning. REC. refer to the Manager of Planning. From the Town of Fort Erie enclosing a resolution requesting that the Council for the Regional Municipality of Niagara immediately consider an allocation of $100,000 to the Fort Erie War of 1812 Bicentennial Planning Committee to assist with the staging of the Grade Parade, the theatre productions, the Great Debate and other planned activities. A copy of this piece of correspondence has been circulated to Council. REC. receive for information. From the Town of Pelham endorsing Niagara-on-the-Lakes resolution regarding the impact of hydraulic fracturing and treating of wastewater within the Great Lakes basin. REC. receive for information. From Nottawasaga Police Services Board requesting endorsement of a resolution that was passed, which requests the Premier of Ontario to reinstitute the photo radar program for the provincially regulated Police Services Boards to manage and use at their discretion. A copy of this piece of correspondence has been circulated to Council. REC. support resolution. From the Municipality of Clarington requesting endorsement of a resolution passed by its Council which requests that if any municipality in Ontario receives special funding from the Province to cover a budget deficit, that all local municipalities receive the same per capita funding from the Province. A copy of this piece of correspondence has been circulated to Council and the Treasurer. REC. support resolution. From Enbridge Pipelines Inc. enclosing a copy of the 2011 Corporate Social Responsibility Summary Report. REC. receive for information.

013.

014.

015.

016.

017.

018.

019.

020.

021.

022.

From the Niagara South Plowmens Association requesting financial support of the 2012 Plowing Match. Financial statements for the year December 1, 2010 November 30, 2011 are enclosed. A copy of this piece of correspondence has been circulated to Council and the Treasurer. REC. refer to 2012 Budget. From the Ontario Trucking Association enclosing a copy of Local Truck Routes: A Guide for Municipal Officials. A copy of this piece of correspondence has been circulated to the Director of Operations. REC. receive for information.

023.

Unregistered Niagara Regional Police Services Board Report, Volume 7, Issue 10

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET BYLAW NO. 001-2012 Being a bylaw for the Regulation of Private On-Site Sewage Systems in the Township of Wainfleet WHEREAS subsection 3(1) of the Building Code Act, 1992, R.S.O. 1992, c.23, as amended (the Act) provides that the council of each municipality is responsible for the enforcement of the Act in the municipality; NOW THEREFORE the Council of the Corporation of the Township of Wainfleet HEREBY ENACTS AS FOLLOWS: 1. THAT in this bylaw:

(a) (b) (c)

Building means a building as defined in the Act; Building Code means the regulations made under section 34 of the Act, as amended from time to time; Chief Building Official means a chief building official as defined in the Act, and as appointed by bylaw of the Municipality for the purposes of the enforcement of the Act; Groundwater means groundwater as defined in the Building Code; Inspector means an inspector as defined in the Act; Leaching Bed means leaching bed as defined in the Building Coder; and Sewage Systems means sewage systems as defined in the Building Code.

(d) (e) (f) (g)


2.

Wainfleets Operations Department is hereby designated (as prescribed by the Act and its regulations) as the department responsible for the administration and enforcement of Part 8 of the Ontario Building Code within the Municipality. The Director of Operations is hereby appointed as the Chief Building Official for the purposes of administrating and enforcing Part 8 of the Ontario Building Code within the Municipality. In addition to any information required under the Act, the Ontario Building Code, or this bylaw, an Applicant for a permit shall submit sufficient information with each application to enable the Chief Building Official to determine whether or not the undertaking complies to the design, construction, operation, and maintenance requirements and standards for the class of Sewage System so as to conform with the Act, the Ontario Building Code, and any other applicable law. Every application for a Sewage System permit under the Act shall be submitted to the Chief Building Official, and include the following:

3.

4.

5.

BYLAW NO. 001-2012

Page 2

(a) (b) (c)

the name(s), address(es), and telephone number(s) of the owner, and where applicable, the architect, engineer, or other designer or constructor; a complete description of where the work is to be done, identifying the building lot; a comprehensive description of, and complete plans and specification, as described in this bylaw, for the work to be covered by the permit and the occupancy of all parts of the building; a written acknowledgement by the owner that he/she has retained an architect or professional engineer to carry out the field review of the construction where required by the Building Code; where the application relates to a lot less than one (1) hectare in area, and where that lot forms part of more than five continuously connecting lots (whether or not the lots are deemed as individual lots), the results of a hydrogeological analysis conducted in accordance with the Ministry of the Environment Procedure, D-5-4 Technical Guideline for On-Site Sewage Systems Water Quality Risk Impact Assessment (Procedure D-5-4), as may be amended or replaced from time to time; where the Chief Building Official, in his/her sole discretion, believes that development of the lot with a private Sewage System may impair the quality of the area Groundwater, the results of a hydrogeological analysis conducted in accordance with Procedure D-5-4; where required by the Chief Building Official, for review and approval, a detailed engineering and drainage report that describes the storm water management techniques to be employed to ensure that surface water does not negatively impact on the operation of the private Sewage System; where required by the Chief Building Official, for review and approval, an individual lot grading plan that provides a building envelope, a Sewage System envelope (including a spare area), and a backyard amenities envelope; a site evaluation report including the following items, unless otherwise specified by the Chief Building Official: i. the date the evaluation was done; ii. the name, address, telephone number and signature of the person who prepared the evaluation; iii. a scaled map of the site showing: 1) the legal description, lot size, property dimensions, existing rightsof-way, easements or municipal/utility corridors;

(d)

(e)

(f)

(g)

(h)

(i)

BYLAW NO. 001-2012

Page 3 2) the clearance, distances listed in Table 8.2.1.5., Table 8.2.1.6.A., Table 8.2.1.6.B., and Table 8.2.1.6.C. of Division B Part 8 of the Building Code; 3) the location of the proposed Sewage System; 4) the location of any unsuitable, disturbed or compacted areas; and 5) proposed access routes for Sewage System maintenance;

iv. the depth to bedrock; v. the depth to zones of soil saturation; vi. the soil properties, including soil permeability; and vii. the soil conditions, including the potential for flooding j. k. l. a statement of the valuation of the proposed work, including materials and labour; the name, address, telephone number, and licence number of the person installing the Sewage System; where the person named in (k) above requires a licence under the Act and/or the Building Code; i. the number and date of issuance of the licence; and ii. the name of the qualified person supervising the work to be done under the Sewage System permit. m. n. o. 6 the prescribed fee as set out in Appendix B attached hereto; the signature of the owner or his or her authorized agent who shall certify the truth of the contents of the application; and If the Applicant is not the owner, a signed statement by the Owner authorizing the Applicant to make the application on the Owners behalf.

Where soils in the Leaching Bed area have been compacted, their ability to function has been compromised, or they are otherwise not satisfactory to the Chief Building Official, the Chief Building Official, at his/her sole discretion, may require their removal and replacement with suitable material. Each application shall, unless otherwise specified by the Chief Building Official, be submitted in duplicate and be accompanied by two (2) complete sets of any documentation required under this bylaw. Plans shall be drawn to scale on paper, cloth or other durable material, shall be legible,

BYLAW NO. 001-2012

Page 4

and, without limiting the generality of the foregoing, unless otherwise specified by the Chief Building Official, shall include such working drawings as set out in Appendix A to this bylaw and any other such plans or drawings that may be specified by the Chief Building Official. 9 10 11 Fees for a required Sewage System permit shall be as set out in Appendix B to this bylaw. The Applicant shall submit the prescribed fee as set out in Appendix B upon submission of an application for a permit. The forms prescribed for use as applications for sewage permits, orders, and inspection reports shall be determined by the Chief Building Official, and may be amended from time to time provided that the forms conform to the requirements as set forth in the Act and its regulations, including the Building Code. Pursuant to 7.1 of the Building Code Act, a Code of Conduct for the Chief Building Official and Inspectors is attached to this bylaw as Appendix C. This bylaw comes into force on the date on which it is passed.

12 13

BYLAW READ A FIRST TIME THIS 10th DAY OF JANUARY, 2012. BYLAW READ A SECOND TIME THIS 10th DAY OF JANUARY, 2012. BYLAW READ A THIRD TIME AND FINALLY PASSED THIS 10th DAY OF JANUARY, 2012.

A. Jeffs, MAYOR

T. Lamb, CLERK

APPENDIX A TO BYLAW NO. 001-2012 PLANS TO BE SUMBITTED WITH APPLICATION FOR A SEWAGE SYSTEM CERTIFICATE OF APPROVAL AND A USE PERMIT PUBLIC WORKS DEPARTMENT ATTACH A LOT DIAGRAM AND SEWAGE SYSTEM PLAN: Draw to scale indicating North point and showing at a minimum:

(a)

location of Sewage System components (e.g., tanks, Leaching Bed). Locate and show horizontal distances from system to adjacent existing or proposed buildings, water supplies (including neighbours)., existing on-site sewage systems, driveways, property lines, lakes, rivers, water courses, swimming pools; lot dimensions, topographic features (e.g., swamps, steep slopes) near Sewage System; if any part of proposal conforms to a specific standard drawing, give reference number(s); and when required by the Chief Building Official, an individual lot grading plan that provides a building envelope, a Sewage System envelope (including a spare area), and a backyard amenities envelope.

(b) (c) (d)

APPENDIX B TO BYLAW NO. 001-2012 FEE SCHEDULE PUBLIC WORKS DEPARTMENT Sewage System Applications New system Holding tank Replacement tank only $975.00 $975.00 $525.00

Land Severance Application & Niagara Escarpment Commissions Application Each parcel severed Parcel retained NEC application (per lot) $350.00 $350.00 $350.00

Subdivision Condominiums Each lot or unit $350.00

Minor Variances/Planning Applications


NOTE Each lot The above fees apply only to those lots serviced by private sewage systems. $350.00

Special Requests For preliminary site inspections related to proposed lot development where no other application has been made

$350.00

Real Estate Inquiries Which Include Site Inspection Visits Initial Fee Each additional hour or part thereof over 2 hours Real Estate inquiries which include existing file searches only $400.00 + H.S.T. $120.00 + H.S.T. $200.00 + H.S.T.

APPENDIX C TO BYLAW NO. 001-2012 CODE OF CONDUCT FOR BUILDING OFFICIALS 1.0 Introduction The Township of Wainfleet maintains this code of conduct in accordance with the provisions of The Building Code Act. Building Officials undertake building certification functions that ensure the quality, structural integrity and safety of buildings. Building Officials are exposed to potential conflicts of interest because of the special powers conferred on them. The conduct and the behaviour of Township of Wainfleets Building Official reflects Wainfleet Building and Bylaw Enforcement Departments commitment to the highest standards of professionalism, technical competence, skill, honesty, fairness and independence. Building Officials observe both the letter and the spirit of this Code of Conduct as it pertains to situations that bear on their responsibilities. 2.0 Purpose The purposes of this Code of Conduct are: To promote appropriate standards of behaviour by Building Officials in the exercise of their powers and performance of their duties; To prevent practices which may constitute an abuse of power, and To promote appropriate standards of honesty and integrity.

3.0 Standards of Conduct and Professionalism 1) Act in the public interest, particularly with regard to the safety of building works and structures; 2) Maintain their knowledge and understanding of the best current building practice, the building laws and regulations relevant to their building certifying functions; 3) Commit themselves to a process of continuous education so as to constantly be aware of developments in building design, practice and the law relevant to their duties; 4) Comply with the provisions of the Building Code Act, the Building Code and other Act or Law that regulates or governs Building Officials or their functions; 5) Avoid situations where there may be, or where there may reasonably appear to be, a conflict between their duties to their clients, their profession, their peers and the public at large and their personal interests; 6) Not act beyond their level of competence or outside their area of expertise; 7) Apply all relevant building laws, regulations and standards strictly and without favour and independent of the influence of interested parties; 8) Perform their inspections and certifying duties impartially and in accordance with the highest professional standards;

APPENDIX C TO BYLAW NO. 001-2012

Page 2

9) Not divulge any confidential or sensitive information or material, that they became privy to in the performance of their duties, except in accordance with laws governing freedom of information and protection of privacy; 10) To avoid any conduct that could bring Building Officials or the Township of Wainfleet into disrepute; 11) Extend professional courtesy to all; 12) Accept responsibility for the conduct of their subordinate employees; 13) Maintain current accreditation to perform the functions assigned to them; and 14) Take all reasonable steps to ascertain and document all available facts relevant to the performance of their duties. 15) Exemplify compliance with all regulations and standards that govern building construction, health and safety or other matters related to their status as a building official. 4.0 Guideline for responding to misconduct allegations The Building Code Act provides that the performance of Building Officials will be measured against this Code of Conduct. In response to any allegation of a breach of this code, the Chief Building Official shall direct an investigation and where appropriate, recommend disciplinary action against any Building Official who fails to comply with this Code of Conduct. Where the allegation is against the Chief Building Official, the Chief Administrative Officer will direct the investigation and make such recommendations as are reasonable. In determining the appropriate discipline, the Chief Building Official or Chief Administrative Officer will have regard to the relevance of the conduct to the officials powers and responsibilities as well as the severity of any misconduct. Disciplinary Action arising from violations of this Code of Conduct is the responsibility of The Township of Wainfleets administration and is subject to relevant employment laws and standards.

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET BYLAW NO. 002-2012 Being a bylaw to set rental rates for use of Recreation Facilities. WHEREAS the Council of the Corporation deems it necessary to set rental fees for the use of Recreation Facilities and charging fees, NOW THEREFORE the Council of the Corporation of the Township of Wainfleet HEREBY ENACTS AS FOLLOWS: 1. THAT the rental fees for Recreation Facilities as set out in Schedule A and Schedule B, attached to and forming part of this Bylaw are hereby approved; THAT the rental rates and fees set out in Schedule A and Schedule B to this Bylaw shall take effect January 10, 2012; THAT Bylaws No. 034-2009 and 041-2009 are hereby repealed; THAT this Bylaw shall come into force and take effect on January 10, 2012.

2.

3. 4.

BYLAW READ A FIRST TIME THIS 10th DAY OF JANUARY, 2012. BYLAW READ A SECOND TIME THIS 10th DAY OF JANUARY, 2012. BYLAW READ A THIRD TIME AND FINALLY PASSED THIS 10th DAY OF JANUARY, 2012.

A. Jeffs, MAYOR

T. Lamb, CLERK

SCHEDULE A TO BYLAW NO. 002-2012 Recreation Facilities Rates 2012

2012 FIREFIGHTERS MEMORIAL COMMUNITY HALL For Funeral Luncheons, Wainfleet Church Groups, Wainfleet Minor Sports Functions & Wainfleet School Groups BALL DIAMONDS Minor Ball Diamonds 1 and 2: Per player surcharge per year Adult rate per game (per diamond) Tournament Rates: Evenings: 6:00 p.m. 11:00 p.m. (per diamond) Saturdays & Sundays: per day (per diamond) SOCCER FIELDS Per player surcharge per year PUBLIC SKATING ARENA RATE PER EVENT First or One-Day Event Only Second Additional Day (see note below) Third and Subsequent Days (see note below) Use of Canteen Facility in Arena during rental per day Moore Room (with kitchen facility) per event Moore Room (without kitchen facility) per event $252.21

$123.89

$8.85 $34.07

$77.88 $214.16

$8.85 $3.10

$668.14 $659.29 $557.52 $88.50 $48.67 $26.55

Note: For multi-day events, the renters will be subjected to a water and hydro usage surcharge based on metered water and hydro consumption. Usage will be charged on recovery basis.

SCHEDULE A TO BYLAW NO. 002-2012

Page 2

2012 ARENA Prime per hour Prime per 1 hours Non-Prime per hour Student rates per hour Minor Hockey & Figure Skating rate per hour Spring School Elementary Schools rate Secondary Schools & Church Youth Groups Rental rates prior to 8:00 a.m. (weekdays): Non-Wainfleet Minor Hockey or Figure Skating rate per hour $141.59 $194.69 $119.47 $53.10 $87.61 $92.92 $22.12 $48.67

$132.74

ADVERTISING SIGNS IN ARENA As Amended by Bylaw No. 051-2010 4 X 4 per year $123.89 4 X 8 per year $203.54 Board space per 3 years $1523.81

PARK PAVILION With Hydro and Washrooms

$88.50

* ALL RATES SUBJECT TO APPLICABLE TAXES.

Price changes effective January 10, 2012

SCHEDULE B TO BYLAW NO. 002-2012 Recreation Facilities Rates 2009/10 2012 Proposed 2012

2009-2010 FIREFIGHTERS MEMORIAL COMMUNITY HALL For Funeral Luncheons, Wainfleet Church Groups, Wainfleet Minor Sports Functions & Wainfleet School Groups BALL DIAMONDS Minor Ball Diamonds 1 and 2: Per player surcharge per year Adult rate per game (per diamond) Additional Diamonds Tournament Rates: Evenings: 6:00 p.m. 11:00 p.m. (per diamond) Saturdays & Sundays: per day (per diamond) SOCCER FIELDS Per player surcharge per year PUBLIC SKATING ARENA RATE PER EVENT First or One-Day Event Only Second Additional Day (see note below) Third and Subsequent Days (see note below) Use of Canteen Facility in Arena during rental per day Moore Room (with kitchen facility) per event Moore Room (without kitchen facility) per event Moore Room (without kitchen facility) per hour

2010-1011

$238.10

$243.36

$252.21

$119.05

$119.47

$123.89

$8.57 $33.33 $28.57 $76.19 $209.52

$8.85 $34.07 N/A $77.88 $214.16

$8.85 $34.07 N/A $77.88 $214.16

$8.57 $2.86

$8.85 $3.10

$8.85 $3.10

$642.86 $642.86 $542.86 $85.71 $47.62 $23.81 $14.29

$659.29 $659.29 $557.52 $88.50 $48.67 $26.55 N/A

$668.14 $659.29 $557.52 $88.50 $48.67 $26.55 N/A

Note: For multi-day events, the renters will be subjected to a water and hydro usage surcharge based on metered water and hydro consumption. Usage will be charged on recovery basis.

SCHEDULE B TO BYLAW NO. 002-2012 Recreation Facilities Rates 2009/10 2012 Proposed 2012 $141.59 $203.54 $119.47 $53.10 $87.61 $92.92 $22.12 $48.67

Page 2

2009-2010 ARENA Prime per hour Prime per 1 hours Non-Prime per hour Student rates per hour Minor Hockey & Figure Skating rate per hour Spring School Elementary Schools rate Secondary Schools & Church Youth Groups Rental rates prior to 8:00 a.m. (weekdays): Non-Wainfleet Minor Hockey or Figure Skating rate per hour ADVERTISING SIGNS IN ARENA 4 X 4 per year 4 X 8 per year Board space per 3 years PARK PAVILLION With Hydro and Washrooms $133.33 $200.00 $114.29 $52.38 $80.95 $90.48 $19.05 $47.62

2010-2011 $137.17 $203.54 $119.47 $53.10 $84.07 $92.92 $19.47 $48.67

$128.57

$132.74

$132.74

N/A N/A N/A

$119.05 $200.00 $1523.81

$123.89 $203.54 $1523.81

$85.71

$88.50

$88.50

* ALL RATES SUBJECT TO APPLICABLE TAXES

Price changes effective January 10, 2012

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET BYLAW NO. 003-2012 Being a bylaw to appoint a Fire Chief for the Corporation of Township of Wainfleet .

WHEREAS the Fire Protection and Prevention Act, S.O. 1997, c. 4, s.2 provides generally that every municipality shall establish a program of fire education, fire prevention, fire safety and provide such other fire protection services as it deems necessary and shall, in discharging its responsibilities, establish a fire department; AND WHEREAS the said Act provides that if a fire department is established the council shall appoint a Fire Chief for the department and further prescribes certain duties and powers of the fire chief; NOW THEREFORE the Council of the Corporation of the Township of Wainfleet HEREBY ENACTS AS FOLLOWS: 1. THAT Harry Flagg be and is hereby appointed Fire Chief for the Township of Wainfleet 2. AND THAT any Bylaws inconsistent with the provisions of this Bylaw are hereby repealed. BYLAW READ A FIRST TIME THIS 10TH DAY OF JANUARY, 2012. BYLAW READ A SECOND TIME THIS 10TH DAY OF JANUARY, 2012. BYLAW READ A THIRD TIME AND FINALLY PASSED THIS 10TH DAY OF JANUARY, 2012.

A. Jeffs, MAYOR

T. Lamb, CLERK

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET BYLAW NO. 037-2011 Being a bylaw to provide for interim tax levies for the year 2012 for the Township of Wainfleet. WHEREAS section of the Municipal Act, S.O. 2001, c. 25, as amended, provides that the council of a local municipality, before the adoption of estimates for the year under Section 290, may pass a bylaw levying amounts on the assessment of property in the local municipality rateable for local municipality purposes; AND WHEREAS the Council of this municipality deems it appropriate to provide for such interim levy on the assessment of property in this municipality; NOW THEREFORE the Council of the Corporation of the Township of Wainfleet HEREBY ENACTS AS FOLLOWS: 1. The amounts levied shall be as follows: 1.1. For the Residential, Pipeline, Farmland and Managed Forest property classes there shall be imposed and collected an interim levy of: (a) the percentage prescribed by the Minister under section 317(10) of the Municipal Act; or, (b) 50%, if no percentage is prescribed, of the total taxes for municipal and school purposes levied on in the year 2011. 1.2. For the Multi-Residential, Commercial and Industrial property classes there shall be imposed and collected an interim levy of: (c) the percentage prescribed by the Minister under section 317(10) of the Municipal Act; or, (d) 50% if no percentage is prescribed, of the total taxes for municipal and school purposes levied on in the year 2011. 2. For the purposes of calculating the total amount of taxes for the year 2011 under paragraph 2, if any taxes for municipal and school purposes were levied on a property for only part of 2011 because assessment was added to the collectors roll during 2011, an amount shall be added equal to the additional taxes that would have been levied on the property if taxes for municipal and school purposes had been levied for the entire year. 3. The provisions of this bylaw apply in the event that assessment is added for the year 2012 to the collectors roll after the date this bylaw is passed and an interim levy shall be imposed and collected. 4. All taxes levied under this bylaw shall be payable into the hands of the Collector in accordance with the provisions of this bylaw.

BYLAW NO. 037-2011

Page 2

5. There shall be imposed on all taxes a penalty for non-payment or late payment of taxes in default of the installment dates set out below. The penalty shall be one and one-quarter percent (1%) of the amount in default on the first day of default and on the first day of each calendar month during which the default continues, but not after the end of 2012. 6. The interim tax levy imposed by this bylaw shall be paid in two installments due on the following dates: 6.1. One-half (1/2) thereof on the 29th day of February of 2012; 6.2. One-half (1/2) thereof on the 30th day of April of 2012. 7. The Collector may mail or cause to be mailed to the address of the residence or place of business of each person taxed under this bylaw, a notice specifying the amount of taxes payable. 8. The notice to be mailed under this bylaw shall contain the particulars provided for in this bylaw and the information required to be entered in the Collectors roll under section 340 of the Municipal Act. 9. The subsequent levy for the year 2012 to be made under the Municipal Act shall be reduced by the amount to be raised by the levy imposed by this bylaw. 10. The provisions of s.317 of the Municipal Act, as amended apply to this bylaw with necessary modifications. 11. The Collector shall be authorized to accept part payment from time to time on account of any taxes due, and to give a receipt of such part payment, provided that acceptance of any such part payment shall not affect the collection of any percentage charge imposed and collectable under section 5 of this bylaw in respect of non-payment or late payment of any taxes or any installment of taxes. 12. Nothing in this bylaw shall prevent the Collector from proceeding at any time with the collection of any tax, or any part thereof, in accordance with the provisions of the statutes and bylaws governing the collection of taxes. 13. In the event of any conflict between the provisions of this bylaw and any other bylaw, the provisions of this bylaw shall prevail. 14. This bylaw shall come into force and take effect on the day of the final passing thereof. BYLAW READ A FIRST TIME THIS 13th DAY OF DECEMBER, 2011. BYLAW READ A SECOND TIME THIS 13th DAY OF DECEMBER, 2011. BYLAW READ A THIRD TIME AND FINALLY PASSED THIS 10th DAY OFJANUARY, 2012.

A. Jeffs, MAYOR

T. Lamb, CLERK

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET BYLAW NO. 039-2011 Being a bylaw to authorize the transfer by the Corporation of the Township of Wainfleet in favour of applicants for the abandoned rail corridor as set out in Schedule A attached hereto. WHEREAS Sections 8 and 11 of the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended, permit a municipality to pass by-laws in accordance with the Act; AND WHEREAS certain lands within the Township conveyed by Canadian National Railway to the Township by Transfer registered January 15, 1997, as instrument RO719089; AND WHEREAS such lands do not comprise part of the Public Highway and are deemed surplus by the Township of Wainfleet; AND WHEREAS the Applicants listed in Column 1 of attached Schedule A have applied to acquire such lands from the Township as they abut the Applicants lands; NOW THEREFORE the Council of the Corporation of the Township of Wainfleet HEREBY ENACTS AS FOLLOWS: 1. Those lands set out in column 3 of Schedule A hereto be conveyed by the Corporation of the Township of Wainfleet in favour of the Applicants therefore as set out in Column 1 of Schedule A hereto as the adjoining land owners pursuant to the resolution of the Corporation of the Township of Wainfleet. In each case, the lands are to be conveyed to an abutting land owner such that the parcels will merge pursuant to the Planning Act of Ontario and no new parcels of land are created thereby. That the Mayor and the Clerk or Acting Clerk of the Corporation of the Township of Wainfleet are hereby authorized to sign or execute such deeds or other documents as may be necessary to effect such conveyances. That the Corporation of the Township of Wainfleet accept the sum of $1.00 for each parcel together with the Township's costs including the proportionate share of the survey costs and reimbursement of the Townships legal costs in connection with such transfer.

2.

3.

4.

BYLAW READ A FIRST TIME THIS 13th DAY OF DECEMBER, 2011. BYLAW READ A SECOND TIME THIS 13th DAY OF DECEMBER, 2011. BYLAW READ A THIRD TIME AND FINALLY PASSED THIS 10th DAY OFJANUARY, 2012.

A. Jeffs, MAYOR

T. Lamb, CLERK

SCHEDULE A TO BYLAW NO. 036-2011

PURCHASER Debra Lynne Ross Josef Theodor Mayr

PURCHASERS PROPERTY PT LT 16, CON 5 PIN 64025-0085 PT LOTS 44 & 45, CON 5 PIN 64005-0005

LANDS AVAILABLE TO BE SOLD PT 2 59R-14247 PTS 3, 4, 5 & 6 59R-14260

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET BYLAW NO. 004-2012 Being a bylaw to adopt, ratify and confirm the actions of the Council at its regular meeting held on the 10th day of January, 2012 WHEREAS Subsection 5 (1) of the Municipal Act, 2001, S.O. 2001, Chapter M.25, as amended, provides that the powers of a municipal corporation are to be exercised by its Council; AND WHEREAS section 5 (3) of the Municipal Act 2001, S.O. 2001, Chapter M.25, as amended, provides that, except if otherwise authorized, the powers of Council shall be exercised by bylaw; AND WHEREAS it is deemed desirable and expedient that the actions of the Council as herein set forth be adopted, ratified and confirmed by bylaw;

NOW THEREFORE the Council of the Corporation of the Township of Wainfleet HEREBY ENACTS AS FOLLOWS:
1. (a) The actions of the Council at its meeting held on the 10th day of January, 2012 including all resolutions or motions approved, are hereby adopted, ratified and confirmed as if they were expressly embodied in this bylaw. (b) The above-mentioned actions shall not include: (i) any actions required by law to be taken by resolution, or (ii) any actions for which prior Ontario Municipal Board approval is required, until such approval is obtained. 2. The Mayor and proper officials of the Corporation of the Township of Wainfleet are hereby authorized and directed to do all things necessary to give effect to the abovementioned actions and to obtain approvals where required. Unless otherwise provided, the Mayor and Clerk are hereby authorized and directed to execute and the Clerk to affix the seal of the corporation of the Township of Wainfleet to all documents necessary to give effect to the above-mentioned actions. This bylaw shall come into force on the day upon which it is passed.

3.

4.

BYLAW READ A FIRST TIME THIS 10th DAY OF JANUARY, 2012. BYLAW READ A SECOND TIME THIS 10th DAY OF JANUARY, 2012. BYLAW READ A THIRD TIME AND FINALLY PASSED THIS 10th DAY OF JANUARY, 2012.

A. Jeffs, MAYOR

T. Lamb, CLERK

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